Creative Civil Remidies publications
This report, produced by the Southwest Center for Law and Policy, discusses the issue that tribal courts are unable to criminally punish non-Indian perpetrators of sexual assault. However, this does not mean that the crime must go unpunished by tribes. This reports suggests using creative civil remedies, such as forfeiture, monetary damages, injunctions, and shame, to punish non-Indian offenders who commit sexual assault on reservations.
This article, written by Kelly Gaines Stoner, Hallie Bongar White, and James G. White, addresses current jurisdictional constraints and suggests strategies to maximize the exercise of sovereign powers necessary to maintain justice, safety, and order on tribal lands. The article also explores ways in which tribes can work within current jurisdictional limitations to impose significant, meaningful, and effective deterrents and consequences for non-Indian offenders.
Repaying Debts. This publication, authored by the Council on State governments and funded by the Bureau of Justice Assistance, discusses how policymakers can increase accountability among perpetrators, improve rates of child support collection and victim restitution, and make people's transition from prisons and jails to the community safe and successful.